The Kerala Toddy Industry Development Board Act, 2021
Chapter II CONSTITUTION OF THE BOARD
Chapter II CONSTITUTION OF THE BOARD
5. Reconstitution of the Board
(1) The Government, may by notification in the Gazette, and on the reasons to be specified in the said notification, reconstitute the Board in accordance with the provisions of sub-section (2) of section 3. (2) When the Board is reconstituted under sub-section (1), members of the Board including the Chairperson, who were holding office before such reconstitution, from the date of such reconstitution, shall vacate their offices as such members, notwithstanding that their term of office has not expired, unless they are appointed as members of the Board so reconstituted.
Chapter II CONSTITUTION OF THE BOARD
6. Disqualification for being appointed, or for continuing as, a member of the Board
A person shall be disqualified from being appointed as a member or continuing as a member of the Board, if he,— (a) is of unsound mind; (b) is an undischarged insolvent; (c) has been convicted for an offence involving moral turpitude or convicted for an offence of financial irregularity; (d) directly or indirectly holds any share or interest in any contract or work by the Board or on behalf of the Board.
Chapter II CONSTITUTION OF THE BOARD
7. Removal or suspension of members from their office
(1) The Government may, by order, remove any Chairperson or any member from their office, if he,— (a) refuses to do the work or becomes incapable to do the work; (b) has been on conviction sentenced to imprisonment for an offence involving moral turpitude in the opinion of the Government; (c) is absent without the permission of the Board from three consecutive meetings of the Board; (d) in the opinion of the Government, so abused his official position, so as to render his continuance in the Board detrimental to the interest of the Board or interest of the public; or (e) is otherwise unsuitable to continue as a member: Provided that no person shall be removed under this sub-section, unless he has been given a reasonable opportunity of being heard. (2) The Government may suspend any member of the Board during the period of pendency of proceedings under sub-section (1). (3) No member who has been removed from the Board under sub-section (1), shall be reappointed as a member of the Board or appointed in any other capacity under the Board.
Chapter II CONSTITUTION OF THE BOARD
8. Resignation of office by a member
Any member of the Board may, resign his office by giving notice in writing to the Government, and on such resignation being accepted by the Government, he shall be deemed to have vacated his office.
Chapter II CONSTITUTION OF THE BOARD
9. Vacancy to be filled in as early as possible
(1) When a member is subject to any disqualification under section 6, or removed under section 7 or resigned under section 8 he shall cease to be a member of the Board, and any such vacancy shall be filled by the Government as early as possible. (2) The term of office of a member appointed in such casual vacancy shall be the remaining period of the term of office of the member in whose vacancy he has been appointed.
Chapter II CONSTITUTION OF THE BOARD
10. Vacancies etc. not to invalidate proceedings of the Board
No action or proceedings of the Board shall become invalid merely on the ground of the existence of any vacancy or defect in the constitution of the Board.
Chapter II CONSTITUTION OF THE BOARD
11. Temporary association of persons with the Board for particular purposes
(1) The Board may associate with itself, any person whose assistance or advice it may desire for any particular purpose of this Act, in such manner, as may be provided in regulations, made under this Act . (2) A person associated with the Board for any purpose under sub-section (1), shall have the right to take part in the discussions of the Board relating to such purpose: Provided that he shall not have the right to vote in the meeting of the Board.
Chapter II CONSTITUTION OF THE BOARD
12. Meetings of the Board
(1) The Board shall meet at such time and such places, as may be provided in the regulations and shall follow such rules of procedure in regard to transaction of business at its meetings: Provided that the Board shall meet at least once in every three months. (2) The Chairperson or, in his absence, such member as may be chosen by the members present from among themselves shall preside over the meeting of the Board. (3) Quorum of the meeting of the Board including the chairperson shall be one third of the members. (4) Any matter coming up before a meeting of the Board shall be decided by a majority of the votes of the members present and voting and in the case of equality of votes, the Chairperson or member presiding over the meeting shall have a right for a casting vote. (5) The minutes of every meeting of the Board shall be forwarded to the Government within fifteen days after such meeting.
Chapter II CONSTITUTION OF THE BOARD
13. Appointment of Chief Executive Officer and other staff of the Board
(1) The Government may appoint an officer not below the rank of Joint Secretary in the Government service on deputation, as the Chief Executive officer. (2) The Chief Executive Officer shall exercise such powers and discharge such duties, as may be prescribed. (3) The Board may appoint officers and staff as may be necessary for performing its functions in an efficient manner . (4)The method of appointment and other conditions of service and salary and allowances of the Officers and staff shall be, such as may be prescribed.
Chapter II CONSTITUTION OF THE BOARD
14. Power to make contract
(1) The Board may enter into contracts as it may consider necessary or expedient for carrying out the purposes of this Act. (2) Every contract shall be made on behalf of the Board, by the Chairperson or an officer authorized by the Board. (3) Every contract made on behalf of the Board shall be in, such form and such manner, as may be prescribed.
Chapter II CONSTITUTION OF THE BOARD
15. Finance Standing Committee and other committees
(1) The Board may, appoint a Finance Standing Committee to exercise such powers and perform such functions relating to the financial matters of the Board, as may be laid down by regulations. (2) The Board may, from time to time, appoint one or more committees for the purpose of securing that the said functions are exercised with due regard to the circumstances and requirements of Toddy Industry.
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